TERMS OF USE
Introduction:
Welcome to the ansleyds.com website (the “Website”). The purpose of the Website is to provide you with access to a comprehensive network of residential and commercial real estate information, products, services and related links to meet your needs (the “Content”). This Terms of Use Agreement (this “Agreement”) constitutes the Website terms of use (the “Terms”) and you should carefully review the Agreement before continuing on with your use of the Website. The Terms shall govern your use of the Website and apply to all Internet traffic visiting the Website. By registering and/or accessing or using the Website, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THE WEBSITE. At World Properties, LLC, an Illinois limited liability company and its subsidiaries and affiliates (collectively, “Ansley Developer Services Group”) hereby reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. By using the Website after we have posted notice of such modifications, alterations or updates you agree to be bound by the revised Terms. The Website will permit you to link to other Websites that may or may not be affiliated with the Website and/or Ansley Developer Services Group, and that may have terms of use that differ from, or contain terms in addition to, the Terms. Your access to such Websites through links provided on the Website is governed by the terms of use and policies of those websites, not the Terms.
Privacy:
Registration data and certain other information about you shall be subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found at https://www.ansleyds.com/pages/privacy-policy. The Privacy Policy is subject to change and the most recently published Privacy Policy shall apply.
Trademarks, Copyrights, and Restrictions:
The Website is controlled and operated by Ansley Developer Services Group, which is located at 3035 Peachtree Rd. Suite 202, Atlanta, GA 30305. You acknowledge and agree that all Content on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are validly owned and controlled by Ansley Developer Services Group, or by third party content providers, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to Ansley Developer Services Group. Content on the Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use and you represent and warrant that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered on the Website. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, modifying, copying, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing the Content within another website, use on any other website, transferring or selling any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; obtaining or attempting to obtain any materials or information through any means not made readily accessible by the Website, is expressly prohibited without the prior written permission of Ansley Developer Services Group and the Providers. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, provided the printouts retain all copyright, trademark and proprietary notices, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Ansley Developer Services Group and the Providers. Without the prior written consent of Ansley Developer Services Group or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of ansleyds.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited to the fullest extent permitted by law. As a condition to your use of the Website, you represent and warrant to Ansley Developer Services Group that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Website immediately terminates without the necessity of any notice. Ansley Developer Services Group retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on the Website without prior written consent of Ansley Developer Services Group and the Providers. The Ansley Developer Services Group name and logo is a service mark of Ansley Real Estate. Other proprietary marks may be designated as such from time to time on the Website. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any Ansley Developer Services Group registered service marks or other proprietary marks of Ansley Developer Services Group.
Security:
For certain types of communications through the Website, Ansley Developer Services Group requires the use of encryption technologies provided for your protection and/or use by you of a User ID and Password. You are responsible to protect your User ID and Password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies, if applicable. While Ansley Developer Services Group provides these technologies and uses other reasonable precautions to protect confidential information and provide suitable security, Ansley Developer Services Group do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Additional Information:
All information, other than personal information subject to the Ansley Developer Services Group Privacy Policy, submitted to Ansley Developer Services Group through the Website or any related website is the property of Ansley Developer Services Group. Ansley Developer Services Group shall be free to use any ideas, concepts, know how or techniques that you may submit to us through the Website to improve our services. Ansley Developer Services Group shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in our Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Prohibited Activities:
You are specifically prohibited from any use of the Website, and you agree not to use or permit others to use the Website under your account, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Website; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy pages of the Website, or the Content without Ansley Developer Services Group prior written permission, provided that generally available third party web browsers including but not limited to Internet Explorer, Chrome or Firefox may be used without such permission.
Links:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. You hereby acknowledge that the content of any Linked Sites is not under Ansley Developer Services Group's control, and you agree that Ansley Developer Services Group is not responsible for, and does not endorse, such content, whether or not Ansley Developer Services Group is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to the website or provide any links that state or imply any sponsorship or endorsement of your website by Ansley Developer Services Group, or the Providers. The Website may also incorporate mapping software through other websites or programs, and such software has its own terms of use.
Disclaimer of Warranties and Liability:
ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ANSLEY DEVELOPER SERVICES GROUP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ANSLEY DEVELOPER SERVICES GROUP, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. ANSLEY DEVELOPER SERVICES GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, PROPERTY AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT ANSLEY DEVELOPER SERVICES GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER SYSTEM OR MOBILE DEVICE. YOU EXPRESSLY AGREE THAT NEITHER ANSLEY DEVELOPER SERVICES GROUP, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANSLEY DEVELOPER SERVICES GROUP AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SPYWARE, HACKING, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Ansley Developer Services Group IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ANSLEY DEVELOPER SERVICES GROUP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification:
To the greatest extent permitted by law, you agree to indemnify, defend, and hold harmless Ansley Developer Services Group and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
Third Party Rights:
These Terms are for the benefit of Ansley Developer Services Group and its Providers, its and their officers, directors, members, managers, subsidiaries, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. You expressly authorize the Providers and their duly authorized representatives and participants to access the Website for the purpose of monitoring compliance with such Provider’s rules and display of such participant’s content on the Website.
Arbitration Agreement and Class Action Waiver:
Any and all claims arising from or relating to the use of the Website, including the submission of personal information, the Content contained in the Website, and/or any good or service offered or provided by us to you shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or any affiliated person, company, and/or agent. A single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association ("AAA"), Judicial Arbitration and Mediation Service ("JAMS"), or other similar arbitration service provider acceptable to us to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com. Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. You and we waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the "Class Action Waiver"). Except for this Class Action Waiver, this clause may be severed or modified if necessary to render it enforceable under the FAA. The agreements and waivers contained in this section shall apply retroactively to any and all claims and causes of action that arise or arose at any time.
Dispute Resolution:
Unless otherwise specified, the Content contained in the Website is presented solely for your convenience and/or information. The Website is controlled and operated by Ansley Developer Services Group from its offices within Atlanta, Georgia. Ansley Developer Services Group makes no representation that Content in its Website is appropriate or available for use in other locations, and Ansley Developer Services Group does not represent that Content in its Website is appropriate or available for use in countries outside the United States. Those who choose to access the Website from other locations, including outside the United States, do so on their own initiative and are responsible for compliance with foreign and local laws, if and to the extent foreign and local laws are applicable. You may not use or export the materials in the Website in violation of U.S. export laws and regulations. The Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Ansley Developer Services Group brings to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the state or Federal courts located in and for Cook County, Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Miscellaneous:
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns. A party's failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire agreement between Ansley Developer Services Group, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the most recent published Terms or terms of use or understanding shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ANSLEY DEVELOPER SERVICES GROUP.